Basic Principles of Income‐tax ANIMESH MODI Presented by SEPTEMBER 2015 1 (cid:131) Income‐tax and Death are the only two inevitable things in life (cid:131) In India, taxes were levied even in ancient times – refer to Manu Smriti & Arthashastra (cid:131) Why to Pay Tax ? “It was only for the good of his subjects that he collected taxes from them, just as the Sun draws moisture from the Earth to give it back a thousand fold“. ‐‐Kalidas in Raghuvansh eulogizing KING DALIP. (cid:131) Income‐tax Act, 1922 (cid:131) Income‐tax Act, 1961 (cid:131) Income‐tax Rules, 1962 2 (cid:131) In the past we had very high tax rates. (cid:131) Now, the rates are quite moderate and comparable with several other countries. (cid:131) We also had very high wealth‐tax rates, estate duty, gift tax. Now there is a sea‐change. 3 Countries Tax Rates (%) India 10 – 30 Brazil 7.5 ‐ 27.5 China 3 – 45 Denmark 38 – 65 Japan 5‐ 50 Netherland 5.85 – 52 Russia 13 UK 0 – 45 USA 0 – 39.6 Source: http://www.worldwide-tax.com 4 (cid:131) Came into force w.e.f. 1st April, 1962 (cid:131) Extends to whole of India (cid:131) Consists of more than 300 sections, 23 Chapters and 14 schedules. The number of sub‐sections, provisos and Explanations runs into several hundreds 5 (cid:131) The Act determines which persons are liable to pay tax and in respect of which income. The sections lay down the law of income tax and the schedules lay down certain procedures and give certain lists, which are referred to in the sections. (cid:131) However, the Act does not prescribe the rates of Income Tax 6 (cid:131) The rates of Income‐tax are prescribed every year by the Finance Act (popularly known as “The Budget”) (cid:131) At present, the tax rates are same for all corporate assessees and partnership firms (30%) and there are different slabs for Individual tax payers (cid:131) We also have surcharge for corporate assessees and education cess for all assessees 7 (cid:131) The Act empowers the CBDT to formulate rules for implementing the provisions of the Act. Rules can be amended more easily than the Act ‐ by merely publishing a notification in the Official Gazette of the GOI. (cid:131) To amend the Act, an amendment Bill has to be passed in the Parliament. (cid:131) In case of a conflict between the Act and the Rules, the provisions of the Act shall prevail. 8 (cid:131) CBDT issues circulars on certain matters for the guidance of the Tax Officers and the general public (cid:131) Circulars are binding only on the Income Tax Officers (cid:131) Circulars cannot change the provisions of law; they can merely clarify the law or relax certain provisions in favour of the taxpayers (cid:131) In event of a dispute, the Courts are not bound by the circulars 9 (cid:131) Case Laws are the decisions of the various Income‐tax Appellate Tribunals (ITAT) and the High Courts (HC) and the Supreme Court (SC) (cid:131) Decisions of the SC are binding on all lower Courts and tax authorities in India (cid:131) HC decisions are binding only in the states which are within the jurisdiction of that particular High Court (cid:131) Decisions of one HC has persuasive powers over other HCs when deciding similar issues (cid:131) ITAT can be a single member bench (SMC) or a two member bench or a Special Bench or a Third Member Bench 10
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